Hamilton v Stonehouse Coaches Ltd & Ors (Transfer of Undertakings : Economic technical or organisational reason) [2013] UKEAT 0012_13_1607 (16 July 2013)

Hamilton v Stonehouse Coaches Ltd & Ors (Transfer of Undertakings : Economic technical or organisational reason) [2013] UKEAT 0012_13_1607 (16 July 2013)

The Employment Tribunal failed to resolve disputed facts and provide sufficient reasoning for its conclusion that the Claimant objected to the transfer and was not entitled to redundancy; the matter is remitted for clarification and expanded reasons.

Citation
[2013] UKEAT 0012_13_1607
Parties
Claimant: Mrs Hamilton; First Respondent: Stonehouse Coaches Ltd (First Respondent); Second Respondent: Trip In Time Ltd (Second Respondent)
Jurisdiction
United Kingdom
Judgment Date
16 July 2013
Procedural Posture
Employment Appeal / Remittal to Employment Tribunal for Further Reasons
Outcome
Remitted to Employment Tribunal for clarification and supplementation of reasons.
Legal Topics
Transfer of Undertakings, Continuity of Employment, TUPE Regulations, Redundancy
Employment Law Transfer of Undertakings Continuity of Employment TUPE Regulations Redundancy

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Parties

Mrs Hamilton

Claimant

Stonehouse Coaches Ltd (First Respondent)

First Respondent

Trip In Time Ltd (Second Respondent)

Second Respondent

Procedural Posture

Employment Appeal / Remittal to Employment Tribunal for Further Reasons

Legal Issues

  1. 1 Whether the Claimant objected to the transfer of her employment under TUPE Regulations
  2. 2 Whether there was a relevant transfer under TUPE
  3. 3 Whether the Claimant was entitled to redundancy payment

Ratio Decidendi

The Employment Tribunal failed to resolve disputed facts and provide sufficient reasoning for its conclusion that the Claimant objected to the transfer and was not entitled to redundancy; the matter is remitted for clarification and expanded reasons.

Court Disposition

Remitted to Employment Tribunal for clarification and supplementation of reasons.

Orders

  • Employment Tribunal to clarify, supplement, and give written reasons for its conclusions regarding relevant transfer and objection under TUPE.
  • No further evidence to be heard; Tribunal to consider notes of evidence already heard.